§50902. Definitions

In this chapter-

(1) "citizen of the United States" means-

(A) an individual who is a citizen of the United States;

(B) an entity organized or existing under the laws of the United States or a State; or

(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.

(2) "crew" means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.

(3) "executive agency" has the same meaning given that term in section 105 of title 5.

(4) "government astronaut" means an individual who-

(A) is designated by the National Aeronautics and Space Administration under section 20113(n);

(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and

(C) is either-

(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or

(ii) an international partner astronaut.

(5) "international partner astronaut" means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member.

(6) "International Space Station Intergovernmental Agreement" means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).

(7) "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth-

(A) in a suborbital trajectory;

(B) in Earth orbit in outer space; or

(C) otherwise in outer space,

including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.

(8) "launch property" means an item built for, or used in, the launch preparation or launch of a launch vehicle.

(9) "launch services" means-

(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), government astronaut, or space flight participant for launch; and

(B) the conduct of a launch.

(10) "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.

(11) "launch vehicle" means-

(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and

(B) a suborbital rocket.

(12) "obtrusive space advertising" means advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.

(13) "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.

(15) "person" means an individual and an entity organized or existing under the laws of a State or country.

(16) "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.

(17) "reentry services" means-

(A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), government astronaut, or space flight participant, if any, for reentry; and

(B) the conduct of a reentry.

(18) "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).

(19) "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.

(20) "space flight participant" means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.

(21) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.

(22) unless and until regulations take effect under section 50922(c)(2), "suborbital rocket" means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.

(23) "suborbital trajectory" means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.

(24) "third party" means a person except-

(A) the United States Government or the Government's contractors or subcontractors involved in launch services or reentry services;

(B) a licensee or transferee under this chapter;

(C) a licensee's or transferee's contractors, subcontractors, or customers involved in launch services or reentry services;

(D) the customer's contractors or subcontractors involved in launch services or reentry services; or

(E) crew, government astronauts, or space flight participants.

(25) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.

In this chapter, the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code.

In clause (1), before subclause (A), the text of 49 App.:2603(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclauses (B) and (C), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus. In subclause (C), the words "in regulations" and "in such entity" are omitted as surplus.

In clause (4), the words "propellants, launch vehicles and components thereof, and other physical" are omitted as surplus.

In clause (6), the words "includes all . . . located on a launch site which are . . . to conduct a launch" are omitted as surplus.

In clause (9), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus.

Clauses (10) and (12) are substituted for 49 App.:2603(10) to eliminate unnecessary words.

In clause (11), before subclause (A), the words "or entity" are omitted as surplus. In subclause (A), the words "its agencies" are omitted as surplus.

Pub. L. 104–287

This amends 49:70102(6) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272,108 Stat. 1331).

1998-Par. (3). Pub. L. 105–303, §102(a)(3)(A), substituted "or reentry vehicle and any payload from Earth" for "and any payload" in introductory provisions and a comma for the period at end of subpar. (C) and inserted concluding provisions.